Humanities

What is organic law? »Its definition and meaning

Anonim

A law is a legal norm, imposed by the competent authorities of each matter and jurisdiction (legislative bodies or powers). The laws have characteristics such as generality, (which are aimed at everyone) coercion, (failure to comply carries a penalty) mandatory, (everyone must comply without exception), among others. The issues or situations that regulate the laws may refer to the mandate or prohibition of a specific issue.

An Organic Law has as its main characteristic that it is dictated with a complementary character of the constitution of a State, that is, the organic law is needed from the constitutional point of view in order to regulate or regulate certain specific matters, being one of its main functions the formation of a rule to develop a precept or institution. These laws generally deal with the development of public liberties and fundamental rights, placing limits on their application, in order to guarantee compliance.

The organic law to be issued requires a series of constitutionally established requirements, such as the meeting of extraordinary conditions and among them is having an absolute or qualified majority so that it can be approved; This is due to the fact that this type of law deals with matters of great importance and importance that involves the entire society and because of the hierarchy that it has at the legal level, this also means that an organic law cannot be modified easily or by will proper to a ruler.

The main difference that exists between organic laws and ordinary laws is the hierarchy that each one of them has at the constitutional level, with the organic law being of higher hierarchical rank, and also for both the organic law and the ordinary law the corresponding competencies for each one they are different. And for this reason if we see its importance for each Nation in a pyramidal range, at the top of this pyramid is the constitution, then the organic law and below it the ordinary law and other regulations of each State.

This type of law has been inherited by many countries, but its origin dates back to French Law, obtained from the French constitution in 1958.